3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *acquire* inserted by No. 47/1989 s. 4(1)(a). ***acquire*** in relation to an acquiring authority, means acquire by agreement or by compulsory process; ***acquiring authority*** means any person or body of persons authorised to acquire land compulsorily; S. 3(1) def. of *applicant* substituted by No. 47/1989 s. 19(b). ***applicant*** means— (a) a person who applies to the Council for certification of a plan; or (b) a person who applies to the Registrar to have a certified plan registered; S. 3(1) def. of *approved infrastructure contributions plan* inserted by No. 7/2018 s. 16. ***approved infrastructure contributions plan*** has the same meaning as in Part 3AB of the **Planning and Environment Act 1987**; S. 3(1) def. of *body corporate* repealed by No. 69/2006 s. 206(1). S. 3(1) def. of *building* amended by No. 48/1991 s. 4(1)(a). ***building*** includes— (a) a structure and part of a building or a structure; and (b) walls, out-buildings, service installations and other appurtenances of a building; and (c) a boat or a pontoon which is permanently moored or fixed to land; ***certified plan*** means a plan certified by a Council for lodging in the Office of Titles for registration; S. 3(1) def. of *charge* inserted by No. 48/1991 s. 4(1)(b). ***charge*** includes— (a) a charge under section 74 of the **Transfer of Land Act 1958**; or (b) a charge on land created under an Act other than this Act or the **Transfer of Land Act 1958**; S. 3(1) def. of *collecting agency* inserted by No. 7/2018 s. 16. ***collecting agency*** has the same meaning as in Part 3AB of the **Planning and Environment Act 1987**; ***Council*** means the Council of the municipal district in which the land in the plan is located; S. 3(1) def. of *development agency* inserted by No. 7/2018 s. 16. ***development agency*** has the same meaning as in Part 3AB of the **Planning and Environment Act 1987**; S. 3(1) def. of *encumbrance* repealed by No. 47/1989 s. 5(2). S. 3(1) def. of *GAIC recording* inserted by No. 42/2017 s. 48(a). ***GAIC recording*** has the same meaning as it has in Part 9B of the **Planning and Environment Act 1987**; S. 3(1) def. of *infrastructure contribution* inserted by No. 7/2018 s. 16. ***infrastructure contribution*** has the same meaning as in Part 3AB of the **Planning and Environment Act 1987**; ***land*** includes buildings and airspace; S. 3(1) def. of *land affected by a body corporate* repealed by No. 69/2006 s. 206(1). S. 3(1) def. of *land affected by an owners corporation* inserted by No. 69/2006 s. 206(2). ***land affected by an owners corporation*** means the lots the owners for the time being of which are the members of the owners corporation together with the common property for which the owners corporation is responsible; S. 3(1) def. of *limited body corporate* inserted by No. 48/1991 s. 4(1)(c), repealed by No. 69/2006 s. 206(1). S. 3(1) def. of *limited owners corporation* inserted by No. 69/2006 s. 206(2), substituted by No. 42/2017 s. 48(b), amended by No. 4/2021 s. 92. ***limited owners corporation*** means an owners corporation— (a) that is specified as limited; and (b) whose purpose is to manage the land affected by the owners corporation in accordance with specified limitations; S. 3(1) def. of *lot* amended by Nos 47/1989 s. 18(1)(a), 48/1991 s. 4(1)(d). ***lot*** means a part (consisting of one or more pieces) of any land (except a road, a reserve or common property) shown on a plan which can be disposed of separately and includes a lot or accessory lot on a registered plan of strata subdivision and a lot or accessory lot on a registered cluster plan; S. 3(1) def. of *lot affected by an owners corporation* inserted by No. 69/2006 s. 206(2). ***lot affected by an owners corporation*** means a lot the owner for the time being of which is a member of the owners corporation; S. 3(1) def. of *lot entitlement* substituted by No. 48/1991 s. 4(1)(e), repealed by No. 69/2006 s. 206(1), new def. of *lot entitlement* inserted by No. 69/2006 s. 206(2). ***lot entitlement*** in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot entitlement for that lot, expressing the extent of the lot owner's interest in any common property affected by the owners corporation; S. 3(1) def. of *lot liability* substituted by No. 48/1991 s. 4(1)(e), repealed by No. 69/2006 s. 206(1), new def. of *lot liability* inserted by 69/2006 s. 206(2). ***lot liability*** in relation to a lot affected by an owners corporation, means a number specified in the plan as the lot liability for that lot, expressing the proportion of the administrative and general expenses of the owners corporation that the lot owner is obliged to pay; S. 3(1) def. of *master plan* inserted by No. 48/1991 s. 4(1)(f), amended by No. 34/1994 s. 7(1), substituted by No. 80/2009 s. 95. ***master plan*** in relation to a staged subdivision using the procedure under section 37— (a) means a plan of all the land in the subdivision at the time of registration of stage one of the plan; and (b) includes any amendments to the plan made under that section; S. 3(1) def. of *owner* amended by No. 85/1998 s. 24(Sch. item 57.1 a)(b)) ***owner*** means— (a) for land under the **Transfer of Land Act 1958** (other than land in an identified folio under that Act), the registered proprietor of the fee simple in the land, or a person who is empowered by or under an Act to execute a transfer of the land; (b) for land in an identified folio under the **Transfer of Land Act 1958** or land not under the **Transfer of Land Act 1958**, a person who has an estate in fee simple in the land (except a mortgagee), or is empowered by or under an Act to convey an estate in fee simple in the land; S. 3(1) def. of *owners corporation* inserted by No. 69/2006 s. 206(2). ***owners corporation*** means a body corporate that is incorporated by registration of— (a) a plan of subdivision; or (b) a plan of strata subdivision; or (c) a plan of cluster subdivision; S. 3(1) def. of *plan* amended by Nos 47/1989 s. 5(4)(a), 48/1991 s. 4(1)(g), 69/2006 s. 206(3). ***plan*** means a plan under section 24A, 32B or 37 or Division 3 of Part 5 or a plan of— (a) subdivision; or (b) consolidation; or (c) creation, variation or removal of an easement or restriction; ***permit*** means a permit under the **Planning and Environment Act 1987**; ***plan of subdivision*** means a plan showing the subdivision of land; ***planning scheme*** means a planning scheme under the **Planning and Environment Act 1987**; S. 3(1) def. of *public authority* amended by No. 42/2017 s. 48(c). ***public authority*** means a body established for a public purpose by or under any Act but does not include a Council; S. 3(1) def. of *public open space* amended by No. 48/1991 s. 4(1)(h). ***public open space*** means land set aside in a plan or land in a plan zoned or reserved under a planning scheme— (a) for public recreation or public resort; or (b) as parklands; or (c) for similar purposes; S. 3(1) def. of *public works* inserted by No. 48/1991 s. 4(1)(i). ***public works*** means— (a) the provision of roads, reserves, open spaces or services within a subdivision; or (b) fencing, landscaping, and road works outside the subdivision for roads, reserves or public open space related to the subdivision; or (c) works for sewerage, drainage, water supply, power, gas or telephone to connect the subdivision to the system serving properties outside it, excluding works to connect any particular property to the system for the subdivision; or (d) prescribed works; ***referral authority*** means a person or body specified in the planning scheme as a referral authority to which an application for a permit or a plan must be referred, or which must be satisfied that things have been done; S. 3(1) def. of *Register* inserted by No. 42/2017 s. 48(a). ***Register*** has the same meaning as it has in the **Transfer of Land Act 1958**; S. 3(1) def. of *registered cluster plan* inserted by No. 48/1991 s. 4(1)(j). ***registered cluster plan*** means a plan of cluster subdivision registered under the **Cluster Titles Act 1974** and, if that plan is amended, that plan as amended and in force for the time being; S. 3(1) def. of *registered plan of strata subdivision* inserted by No. 48/1991 s. 4(1)(j). ***registered plan of strata subdivision*** means a plan of strata subdivision registered under the **Strata Titles Act 1967** and, if that plan is amended, that plan as amended and in force for the time being; S. 3(1) def. of *registered plan* amended by No. 47/1989 s. 18(1)(b), substituted by No. 48/1991 s. 4(1)(k). ***registered plan*** means— (a) a plan registered or approved by the Registrar under any Act, whether before or after the commencement of section 44; or (b) a map or plan deposited or lodged with the Registrar under section 97 of the **Transfer of Land Act 1954** or a corresponding previous or subsequent enactment; ***Registrar*** has the same meaning as it has in the **Transfer of Land Act 1958**; ***reserve*** means land set aside as public open space, or for the use of a public authority or the Council; S. 3(1) def. of *residual land* inserted by No. 48/1991 s. 4(1)(l). ***residual land*** in relation to a staged subdivision, means— (a) land on the master plan that is not part of the first stage and is shown on the plan as another stage; or (b) land on a plan for the second or a subsequent stage that is not part of that stage and is shown on the plan as another stage; ***responsible authority*** means a responsible authority under the **Planning and Environment Act 1987**; S. 3(1) def. of *restriction* amended by No. 47/1989 s. 19(c). ***restriction*** means a restrictive covenant or a restriction which can be registered, or recorded in the Register under the **Transfer of Land Act 1958**; S. 3(1) def. of *site value* substituted by No. 42/2017 s. 48(d). ***site value*** has the same meaning as it has in the **Valuation of Land Act 1960**; ***subdivision*** means the division of land into two or more parts which can be disposed of separately; S. 3(1) def. of *terms contract* inserted by No. 48/1991 s. 4(1)(m). ***terms contract*** has the same meaning as in the **Sale of Land Act 1962**; S. 3(1) def. of *unlimited body corporate* inserted by No. 48/1991 s. 4(1)(m), repealed by No. 69/2006 s. 206(1). S. 3(1) def. of *unlimited owners corporation* inserted by No. 69/2006 s. 206(2), substituted by No. 42/2017 s. 48(e). ***unlimited owners corporation*** means an owners corporation— (a) that is specified as unlimited; and (b) whose purpose is to manage the land affected by the owners corporation (except the use of any common property affected by a limited owners corporation); S. 3(1) def. of *vesting date* inserted by No. 47/1989 s. 4(1)(b). ***vesting date*** means the date on which a notice of acquisition under the **Land Acquisition and Compensation Act 1986** is published in the Government Gazette or, if land is acquired by agreement the date on which the land is registered in the name of the acquiring authority under the agreement; ***works*** includes any changes to the natural or existing condition or topography of land including the removal, destruction or lopping of trees and the removal of vegetation or topsoil; S. 3(2) inserted by No. 47/1989 s. 19(d). (2) Subject to the regulations, a plan may contain information in any form, including words and drawings. S. 3(3) inserted by No. 48/1991 s. 4(2). (3) For the purposes of this Act, the creation, variation or removal of an easement or restriction must be taken to be authorised by a permit (whether granted before or after the commencement of this subsection) or a planning scheme if the permit or scheme (by condition or otherwise)— (a) in any way requires, directs or allows; or (b) in any other way provides for— that creation, variation or removal. S. 3(4) inserted by No. 57/1993 s. 4. (4) If a planning scheme or permit regulates or authorises the variation of an easement or restriction, that scheme or permit must be taken to include an authorisation to make the variation by removing the easement or restriction to be varied and creating a new easement or restriction in the varied form. S. 3(5) inserted by No. 57/1993 s. 4. (5) Without limiting Part 2, a Council or referral authority may, under that Part, require a plan varying an easement or restriction to be altered so that it removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit. S. 3(6) inserted by No. 57/1993 s. 4. (6) Without limiting Part 4, the Registrar, under section 22, may require an applicant to amend, or may amend, a plan of variation of easement or restriction so that the plan removes an existing easement or restriction and creates a new easement or restriction in accordance with the planning scheme or permit. S. 3(7) inserted by No. 57/1993 s. 4. (7) A plan amended in accordance with subsection (6) does not have to be recertified. S. 3(8) inserted by No. 57/1993 s. 4. (8) If a planning scheme or permit authorising the variation of an easement under section 98 of the **Transfer of Land Act 1958** does not specify the land benefited by the easement, the easement must be taken to benefit the whole of the land in the subdivision in respect of which it was created.